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1 results

  • 3 - The WTO Regulatory Framework

  • from Part II - The Law of ICT Standardization
  • Olia Kanevskaia, Universiteit Utrecht, The Netherlands
  • Book:
    The Law and Practice of Global ICT Standardization
    Published online:
    09 February 2023
    Print publication:
    16 February 2023, pp 61-82

  • Summary

    This chapter explores the TBT Agreement of the WTO, it’s case law, and procedural instruments that govern (international) standardization activities and applies them to ICT standards. It discusses the TBT Committee Decision, Code of Good Practice, and ISO/IEC Guide 59 in relationship the procedural expectations these instruments set for standards bodies, but also their relevance for ICT standardization in general. In particular, this chapter focuses on the concept of ICT standards development organizations as the “recognized bodies” with “relevant standardization activities” within the meaning of the WTO, as well as the coverage of private standards by the TBT Agreement. It also discusses the challenges for international standardization that arise from the increasing participation of Chinese stakeholders in standards development processes. Finally, this chapter identifies the shortcomings of the TBT Agreement, its procedural instruments, and the applicable case law when applied to ICT standards and ICT standards bodies.